Florida Statutes Part IV - Florida Telemarketing Act (Ss. 501.601-501.626)

• 501.601 - Short Title.
  This part may be cited as the “Florida Telemarketing Act.”History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429.
• 501.602 - Purpose.
  The provisions of this part shall be construed liberally to promote the general welfare of the public and the integrity of the telemarketing industry.History.—ss. 1,...
• 501.603 - Definitions.
  As used in this part, unless the context otherwise requires, the term:(1) “Commercial telephone solicitation” means:(a) An unsolicited telephone call to a person initiated by a commercial...
• 501.604 - Exemptions.
  The provisions of this part, except ss. 501.608 and 501.616(6) and (7), do not apply to:(1) A person engaging in commercial telephone solicitation where the solicitation...
• 501.605 - Licensure Of Commercial Telephone Sellers.
  (1) Prior to doing business in this state, a commercial telephone seller shall obtain a license from the department. Doing business in this state includes either...
• 501.606 - Disclosures Required Of Commercial Telephone Sellers.
  (1) With respect to any person identified pursuant to s. 501.605, an applicant for a license as a commercial telephone seller must state in his or...
• 501.607 - Licensure Of Salespersons.
  (1) An applicant for a license as a salesperson must submit to the department, in such form as it prescribes, a written application for a license....
• 501.608 - License Or Affidavit Of Exemption; Occupational License.
  (1)(a) The department shall issue to each approved applicant a license in such form and size as is prescribed by the department and, in the case...
• 501.609 - License Renewal.
  (1) Each person licensed under the provisions of this part must renew his or her license annually by paying the fee for licensing and submitting to...
• 501.611 - Security.
  (1) An application filed pursuant to s. 501.605 must be accompanied by:(a) A bond executed by a corporate surety approved by the department and licensed to do...
• 501.612 - Grounds For Departmental Action Against Licensure Applicants Or Licensees.
  (1) The department may enter an order directing that one or more of the actions set forth in subsection (2) be taken if the department finds...
• 501.613 - General Disclosures.
  (1) Within the first 30 seconds of a telephone call, a commercial telephone seller or salesperson shall identify herself or himself by stating her or his...
• 501.614 - Disclosures Of Gifts And Premiums.
  If a commercial telephone seller expressly or impliedly represents to any prospective purchaser, directly or through a salesperson, that the purchaser is or may be...
• 501.615 - Written Contract; Cancellation; Refund.
  (1) A purchase of consumer goods or services ordered as a result of a commercial telephone solicitation as defined in this part, if not followed by...
• 501.616 - Unlawful Acts And Practices.
  (1) A commercial telephone seller or salesperson may not directly or indirectly accept a novelty payment, as defined in s. 501.603(8) or by rule, as payment...
• 501.617 - Investigative Powers Of Enforcing Authority.
  (1) If, by her or his own inquiries or as a result of complaints, the enforcing authority has reason to believe that a person has engaged...
• 501.618 - General Civil Remedies.
  The department may bring:(1) An action to obtain a declaratory judgment that an act or practice violates the provisions of this part.(2) An action to enjoin a...
• 501.619 - Civil Penalties.
  A person who engages in any act or practice declared in this part to be unlawful is liable for a civil penalty in the Class...
• 501.621 - Attorney’s Fees And Costs.
  (1) In any civil action or investigation resulting from a transaction involving a violation of the provisions of this part, except as provided in subsection (3),...
• 501.622 - Criminal Prosecuting Authority.
  The department may refer such evidence as may be available concerning violations of the provisions of this part or of any rule or order hereunder...
• 501.623 - Criminal Penalties.
  (1) No salesperson shall solicit purchasers on behalf of a commercial telephone seller who is not currently licensed with the department pursuant to the provisions of...
• 501.624 - Exempt Businesses; Burden Of Proof.
  In any civil proceeding alleging a violation of the provisions of this part, the burden of proving an exemption specified in s. 501.604 or that...
• 501.625 - Other Individual Remedies.
  In addition to any other penalties or remedies provided under law, a person who is injured by a violation of the provisions of this part...
• 501.626 - Rulemaking Power.
  The department has the authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this part.History.—ss. 1, 2, ch. 91-237; s. 4, ch....

Last modified: September 23, 2016